§4156 Preservation of status and benefits

Summary

When people are moved from one personnel system to another under this law, they must be placed in the class, grade, and pay step that most closely matches what they had right before the move. The move cannot lower a person’s class, grade, or basic pay rate. If someone is moved into the competitive service, the job they get (or any later job they are moved to without asking) is treated as being at the grade that matches their old class for as long as they hold that job. The new appointment must also match the previous appointment’s tenure as closely as possible, but the change cannot make a limited appointment last longer. If a person would otherwise switch retirement systems because of the move, they stay in the Foreign Service Retirement and Disability System for 120 days after they would have left it. During those 120 days they may choose in writing to stay in the Foreign Service system instead of moving to the Civil Service system, so long as they work for an agency that can use the Foreign Service personnel system. If they do not choose, they move into the Civil Service system and their contributions are transferred. People who were serving under a Foreign Service appointment or a continuing position on February 15, 1981 may keep serving under that appointment and do not need to be reappointed because of this law.